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A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view their grant of authority narrowly. constraints in fashioning remedies, possible complicity of the union in the discriminatory conduct, and an apparent reluctance by arbitrators to …

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to only minor, ad hoc labor disputes with no far-reaching impact, or because they believe that arbitrators possess a special competence. In the area of discrimination …

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the roles of public policy in labor arbitration in both the private and public sectors are considered. Although public policy concerns inhere in many cases, arbitrators …

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Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced. Such laws may be deemed to be incorporated automatically into contracts, and parties may reasonably expect that law to affect the award. Morris takes issue, …

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A discussion, reprinted from the Industrial and Labor Relations Review 24 (April, 1971), of sex discrimination in the workplace, the impact of Title VII of the Civil Rights Act of 1964 and its arbitral applications and limitations. Revisiting the debate within the Academy over the proper role of an arbitrator confronted with conflict between the …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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